This is a translation for convenience. Only the German version is legally binding; in case of doubt, the German version prevails.
§ 1 Scope and landlord
These booking conditions apply to contracts for the rental of the holiday flat “Hausberg Suite”, Hausbergstraße 16, 82467 Garmisch-Partenkirchen, Germany, concluded via hausbergsuite.com or directly with us on request. The landlord is Felix and Claudia Hummel, Wankstraße 6, 82340 Feldafing, Germany (“we”). Bookings made via Airbnb or other platforms are subject to their terms.
Any differing terms of the guest only apply if we have expressly agreed to them in text form. The flat is let exclusively for holiday and leisure purposes.
§ 2 Conclusion of the contract
The presentation of the flat, its availability and prices on the website is not yet a binding offer. The contract is concluded as follows:
- You choose arrival, departure and number of guests and see the total price.
- You enter your contact details and receive a summary of all booking details. There you can check your entries and correct them at any time using “Back” or by editing the fields.
- By clicking “Book with obligation to pay” (in German: „Zahlungspflichtig buchen“) you make a binding offer to conclude the rental contract and are forwarded to our payment provider Stripe for payment.
- The contract is concluded when we confirm the booking by email. We send the confirmation immediately after successful payment. If the payment fails or you cancel it, no contract is concluded.
An enquiry via the enquiry form is non-binding. A contract only comes into being when we send you an offer in text form and you accept it.
The contract languages are German and English; the German version prevails. We store the contract text. You receive it, with all booking details and these booking conditions, in the confirmation email; it is no longer accessible on the website after the contract has been concluded.
§ 3 Prices and payment
All prices are final prices in euros and include statutory VAT, where applicable, as well as final cleaning, bed linen and towels, electricity, Wi-Fi, use of the garage and use of the washing machine and tumble dryer.
The visitor’s tax (Kurbeitrag) of the municipality of Garmisch-Partenkirchen is also included in the price; we pay it on your behalf. There are no further charges on site.
The total price is payable in full via Stripe at the time of booking. The payment methods shown on the payment page are available.
No security deposit is charged.
§ 4 No right of withdrawal
Under § 312g(2) no. 9 of the German Civil Code (BGB), there is no statutory right of withdrawal for contracts for accommodation on a fixed date or for a fixed period. A binding booking can therefore not be withdrawn, only cancelled in accordance with § 5.
§ 5 Cancellation by the guest
You may cancel the booking at any time before arrival. Cancellation must be made in text form (e.g. by email); the time of receipt by us is decisive. In the event of cancellation:
- If we receive your cancellation up to and including 14 days before the day of arrival, it is free of charge. We refund any payments made in full.
- If we receive it later, the full total price is payable.
If we manage to let the flat to someone else for the cancelled period, we will credit the income. You remain free to prove that we have suffered no loss or a significantly lower loss. You may name a substitute guest to take your place in the contract, unless there are important reasons against it.
We recommend taking out travel cancellation insurance.
Early departure or failure to arrive without cancellation does not release you from paying the total price; we will credit any expenses saved.
§ 6 Withdrawal and cancellation by us
If the flat cannot be used for reasons beyond our control (such as force majeure, official orders or substantial damage to the building), either party may withdraw from the contract. We will then refund any payments made promptly and in full. Further claims are governed by § 10.
We may terminate the contract without notice if the guest, despite a warning, uses the flat in serious breach of contract, in particular through overcrowding, subletting, parties or serious disturbance of the neighbours. In that case, the claim to the rent remains; we will credit expenses saved and income from re-letting.
§ 7 Arrival and departure
- The flat is available from 4 pm on the day of arrival.
- On the day of departure, the flat must be vacated by 10 am.
- Check-in is self-service via a key safe. You receive the code and directions by email before arrival. Please keep the code confidential.
- Late departure is only possible by arrangement. Lost keys are charged at the actual cost of replacement and, where necessary, of changing the lock.
§ 8 Occupancy and use
The flat may be used by a maximum of five persons, including children, and only by the guests named in the booking. Subletting or letting third parties use the flat is not permitted.
The following house rules apply:
- No smoking in the flat.
- No parties or events.
- Quiet hours: 10 pm to 7 am.
- Pets: guests may not bring pets.
- Skis, poles and wet boots belong in the ski cellar, not in the flat.
- The garage space is intended for one guest vehicle.
More practical information is available under Good to know.
§ 9 Guest obligations
Please treat the flat and its furnishings with care. Report any damage or defects to us without delay so that we can remedy them; if you do not, claims relating to the defect may be limited (§ 536c BGB). You are liable under statutory provisions for damage culpably caused by you or your fellow travellers.
Under the German Federal Registration Act, you are required to complete and sign a registration form on arrival; foreign guests must present a valid identity document. Details on data processing are given in the privacy policy.
§ 10 Liability
We are liable without limitation for damage resulting from injury to life, body or health, for damage caused intentionally or through gross negligence, and under the German Product Liability Act.
In cases of slight negligence, we are only liable for breach of essential contractual obligations, i.e. obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance you may regularly rely. In such cases, liability is limited to the foreseeable damage typical for this type of contract.
We are not liable for interruptions to electricity, water, heating or internet supply beyond our control, or for disruption caused by building works, weather or restrictions of mountain railways and facilities in the area. Your statutory rights in respect of defects of the flat remain unaffected.
§ 11 Data protection
How we process your data is explained in the privacy policy.
§ 12 Dispute resolution
We are neither obliged nor willing to take part in dispute resolution proceedings before a consumer arbitration board.
§ 13 Final provisions
The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law only applies insofar as it does not deprive them of the protection afforded by mandatory provisions of the law of the country in which they have their habitual residence.
If the guest is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction is the location of the holiday flat.
Should individual provisions of these conditions be invalid, the remainder of the contract remains valid; the invalid provision is replaced by the statutory provisions (§ 306 BGB).